New Delhi: A man accused of raping a woman has been acquitted by a Delhi court as the alleged victim turned hostile and admitted having physical relations with him voluntarily.
Additional Sessions Judge Kaveri Baweja freed Dorjee, a Himachal Pradesh resident, saying the woman was a star witness in the case and she failed to support the prosecution case as no allegation of rape has been borne out of her testimony.
"Upon being crossexamined by the defence, the woman admitted that she was not having cordial relations with her husband and having frequent quarrels with him.
"She admitted that she was having physical relations with the accused prior to November 1, 2014 i.e. the date of incident with her consent and that she was not allowed to read any of the documents on which police obtained her signatures," the court said.
The judge noted that even if the pending forensic report in the case was favourable to the prosecution, it would be immaterial to proceed ahead as the woman had admitted having consensual sexual relations with the accused in November 2014.
According to the prosecution, the woman was residing here in a rented accommodation and she was having friendly terms with Dorjee for past few months from the date of incident.
On November 1, 2014, the man had called the woman over dinner and took her to the hotel in Majnu Ka Teela in north Delhi where he made her consume alcohol and raped her.
However, during recording of her statement in the court, the woman said she was having a love affair with the accused and the physical relations between them were consensual.
She said on the day of incident, after consuming alcohol, they had a quarrel after which she called police. She added she was made to sign on blank papers by the cops and had told the police that she does not want any action against Dorjee.
She said that during her medical examination, the doctor had found some bruises on her body which were caused due to a fight with her husband few days ago and not by the accused.
The judge after going through the woman's statement said "I find that there is no material on record whatsoever for convicting the accused for the offence with which he was charged."